govinfo:USCOURTS-azd-2_18-cv-03775-6

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WO 
 
 
 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF ARIZONA 
 
 
Ralph T Reilly, 
 
Plaintiff, 
 
v. 
 
Steve Wozniak, et al., 
 
Defendants. 
No. CV-18-03775-PHX-MTL 
 
ORDER 
 
 
 
The Court previously awarded attorneys’ fees under 17 U.S.C. § 505 to Defendants 
for their successful defen se of the claims against them . ( Doc. 203 .) The Ninth Circuit 
affirmed the attorneys’ fees award and the Court’s orders granting summary judgment on 
Plaintiff’s breach of an i mplied-in-fact contract and judgment on the pleadings on 
Plaintiff’s money had and received claims. (Doc. 20 6.) Defendants now move for their 
attorneys’ fees incurred on appeal. (Doc. 207.) 
Plaintiffs’ claims were objectively unreasonable, as this Court found in the prior 
order granting attorneys’ fees. The Court also found that Defendants satisfied the remaining 
factors necessary to award fees under the Copyright Act. See Love v. Assoc’d Newspapers, 
Ltd., 611 F.3d 601, 614 ( 9th Cir. 2010). The Court further found that Plai ntiff’s state-law 
claims were “inextricably tied to his copyright claim. ” (Doc. 203 at 9.) The Court of 
Appeals affirmed in all respects. The Court thus finds that Defendants are entitled to an 
award of attorneys’ fees on appeal. 
For the same reasons stated in the Court’s Order granting attorneys’ fees, the Court 

 
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finds that Defendants ’ fee request is reasonable. The attorney hourly billing rates are 
eminently reasonable for intellectual property litigation attorneys practicing in the Phoenix, 
Arizona legal market.* The Court has reviewed the time entry itemization, which is Exhibit 
A to the Motion, and finds that all charges are reasonable. Plaintiff does not object to the 
billing rates or any time entries. 
Finally, the C ourt will award Defendants the itemized amount for preparing this 
Motion, $1,200. No further award will be made for time spent preparing a reply brief, as 
the Court finds that a reply brief is unnecessary. 
Accordingly, 
IT IS ORDERED: 
1. Granting Defendants’ Motion for Attorneys ’ Fees Pursuant to 17 U.S.C. 
§ 505. (Doc. 207.) 
2. Defendants are awarded $30,174.50 in attorneys’ fees on appeal. 
3. Each party will bear its own costs. 
 Dated this 9th day of February, 2023. 
 
 
 
* Partner rates of $300 -$325 per hour , associate rates of $225-$300 per hour , and a 
paralegal rate of $95 per hour. 

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